Under California legislation, a wrongful death is defined as a situation where one individual’s untimely passing is instigated by the behavior of another. Such behavior might vary from being careless, reckless, or even deliberate. In cases where this behavior is found to be deliberate, the perpetrator could potentially face criminal charges.
To establish a wrongful death as per legal standards, it is mandatory to demonstrate four elements. Primarily, the unfortunate passing of your dear one should be unequivocally linked to the defendant’s negligence, recklessness, or inattention. It’s important to note that it isn’t obligatory for the defendant to be entirely accountable for the death of your beloved, validating their contribution to the tragic event is sufficient.
Bearing the loss of someone you cherish due to the negligent or reckless behavior of another can be one of the most challenging experiences of your life. Our loved ones hold a dear space in our hearts that cannot be replaced or forgotten. In such heartrending moments of despair, one must remember that if these unfortunate circumstances were caused due to another individual’s negligence, there may be a legal recourse available – a rightful financial compensation for your insurmountable loss.
Belal Hamideh, a proficient wrongful death attorney based out of California, serves as a beacon of hope in your journey towards attaining justice. Schedule a free case evaluation through our site or by calling.
Wrongful Death Attorney: Supporting You and Yours
Belal brings with him a rich knowledge base and a dynamic approach to representation, thereby ensuring you the best viable compensation for your loss. This compensation can be instrumental in assisting with funeral costs, medical expenditures, emotional distress, and more, providing a solid base for your future.
Belal goes the extra mile by offering complimentary case evaluations – a session where he offers insights into the potential worth of your claim and presents ways in which he can help you navigate this challenging time.
Compensation and More Explained
Compensation can be divided into two broad categories – economic and non-economic. Economic compensation covers tangible financial burdens such as medical costs, funeral expenses, and loss of earnings. Non-economic damages, on the other hand, cater to the mental anguish, loss of counsel, security, and more. Calculating non-economic damages can be a daunting task, but rest assured, we are steadfastly committed to securing the best possible compensation for our clients in every possible way.
The directive of California’s wrongful death law, however, does not include punitive damages. To claim such damages, one would have to additionally push for a survival cause of action, alongside the wrongful death claim if both arise from the same wrongful deed.
In your consultation with Belal, he will offer clear insights into what to expect from your case and how he can assist you throughout the process. Furthermore, he will set forth a strategy based on his previous dealings on how he could guide you in getting compensation.
How Does One Definitively Establish a Wrongful Death?
Under California law, it refers to a situation where someone’s demise is a result of another’s wrongful action – it could range from negligent to blatant. An intentional act brings the possibility of a criminal lawsuit. If you feel your circumstance could potentially fit this description, it would be advisable to consult a seasoned attorney.
To affirm a wrongful death, you are required to establish four key elements. Firstly, the tragic demise of your loved one must have been the result of the defendant’s negligent, reckless, or careless action. Secondly, you must demonstrate that the defendant owed a duty of care towards your loved one, which they failed to uphold. Finally, you must establish that your loved one’s death was a direct outcome of the defendant’s actions, thereby causing damages that require compensation.
With Belal Hamideh leading your fight, be assured of an aggressive representation that will heighten your chances of a successful outcome.
Who Can File and How We Can Assist
In the state of California, the individuals who can lodge a wrongful death lawsuit are primarily the deceased person’s surviving spouse and children. However, in the unfortunate circumstance where the deceased did not have any immediate family members or dependents, the parents may be allowed to file for compensation. But the situation does not stop there, as other potential dependents or descendants who were financially reliant on the deceased can also qualify. This process can quickly evolve into a complex issue.
In order to navigate through the intricacies of assessing the rightful claimants, the extent of their compensation and exactly what the compensation entails, the involvement of a legal professional is almost necessary. A legal representative who has handled a considerable number of wrongful death cases can significantly increase the chances of the case proceeding in your favor.
Now, you might be wondering about the financial aspect of hiring such a professional. Good news – you won’t have to pay from your pocket immediately. We operate on a contingency fee basis. This means that our payment is subtracted from your eventual settlement or award. This creates a win-win scenario as we only get compensated if we win the case. And we do make a strong claim as we have a success rate of 99%. We are always on your side and work tirelessly to make sure you receive full compensation, even when insurance companies try to reduce your rightful share.
In addition, we maintain a robust professional network with medical practitioners who work on a similar contingency basis. Hence, if you require medical attention, we can provide references, and their fee can be deducted from your settlement too.
What a Wrongful Death Lawyer Can Do
So, what exactly can a wrongful death attorney do for you? This is where Belal Hamideh comes in. Once you decide to proceed with Belal, he will take over every aspect of your case. You won’t have to deal with the complexities of the situation on your own.
For instance, our dedicated team kicks off by conducting a thorough investigation into your loved one’s wrongful death from the moment we start representing you. We strive to uncover the truth, identify all liable parties, and build a strong case to bring justice to our client.
The wrongdoer’s responsibility may fall on various parties, and Belal, along with his team, makes sure that all the liable parties are held accountable through the legal system. For example, if the unfortunate event occurred due to a fatal accident on someone else’s property, our team will build a case against all relevant parties – the property owner, the maintenance supervisor, or anyone who was accountable for maintaining safety standards.
How We Can Help
We comprehend the emotional stress you are under due to such a tragic loss. We stand by you, providing reliable advice, continuous updates, and unwavering support throughout the journey.
Belal Hamideh, a notable legal representative in California’s wrongful death law, can be of great assistance here. Losing a loved one due to an unfortunate incident is a tragedy that no one should face. However, having a legal professional by your side can provide you with the space to deal with your emotional trauma.
Belal understands the nuances of these cases and fights for your justice. In your consultation with him, he will dissect your case and with his wide-ranging knowledge, he will strive to secure maximum compensation for your pain and loss.
Reach out to us to schedule a free case evaluation. You can message us through our website or give us a call. Your path to justice begins with us.
Key Legal Provisions for Wrongful Death Definition & Claims
These laws may pertain to your situation. If you have further questions, contact Belal.
California Code, Code of Civil Procedure
CCP § 377.60
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.
(b)(1) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.
(2) As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
(c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support.
(d) This section applies to any cause of action arising on or after January 1, 1993.
(e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996.
(f)(1) For the purpose of this section, “domestic partner” means a person who, at the time of the decedent’s death, was the domestic partner of the decedent in a registered domestic partnership established in accordance with subdivision (b) of Section 297 of the Family Code.
(2) Notwithstanding paragraph (1), for a death occurring prior to January 1, 2002, a person may maintain a cause of action pursuant to this section as a domestic partner of the decedent by establishing the factors listed in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 297 of the Family Code, as it read pursuant to Section 3 of Chapter 893 of the Statutes of 2001, prior to its becoming inoperative on January 1, 2005.
(3) The amendments made to this subdivision during the 2003-04 Regular Session of the Legislature are not intended to revive any cause of action that has been fully and finally adjudicated by the courts, or that has been settled, or as to which the applicable limitations period has run.
CCP § 377.60: Defining Eligible Claimants (Wrongful Death Definition):
This section defines who can file a wrongful death lawsuit, ensuring that those affected by wrongful actions have legal standing. It’s the foundation for understanding wrongful death claims.
CCP § 335.1
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
CCP § 335.1: Statute of Limitations:
This provision sets the two-year deadline for filing a wrongful death claim, which is crucial for those seeking legal recourse after a wrongful death.
CCP § 377.61
In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34. The court shall determine the respective rights in an award of the persons entitled to assert the cause of action.
CCP § 377.61: Awarding Just Damages (Wrongful Death Claims):
This code guides courts in determining ‘just’ compensation, encompassing both economic and non-economic damages in wrongful death cases. It’s about recognizing the full impact of a wrongful death.
CCP § 377.34
(a) In an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived, and do not include damages for pain, suffering, or disfigurement.
(b) Notwithstanding subdivision (a), in an action or proceeding by a decedent’s personal representative or successor in interest on the decedent’s cause of action, the damages recoverable may include damages for pain, suffering, or disfigurement if the action or proceeding was granted a preference pursuant to Section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026.
(c) A plaintiff who recovers damages pursuant to subdivision (b) between January 1, 2022, and January 1, 2025, inclusive, shall, within 60 days after obtaining a judgment, consent judgment, or court-approved settlement agreement entitling the plaintiff to the damages, submit to the Judicial Council a copy of the judgment, consent judgment, or court-approved settlement agreement, along with a cover sheet detailing all of the following information:
(1) The date the action was filed.
(2) The date of the final disposition of the action.
(3) The amount and type of damages awarded, including economic damages and damages for pain, suffering, or disfigurement.
(d)(1) On or before January 1, 2025, the Judicial Council shall transmit to the Legislature a report detailing the information received pursuant to subdivision (c) for all judgements, consent judgements, or court-approved settlement agreements rendered from January 1, 2022, to July 31, 2024, inclusive, in which damages were recovered pursuant to subdivision (b). The report shall comply with Section 9795 of the Government Code.
(2) This subdivision shall become inoperative on January 1, 2029, pursuant to Section 10231.5 of the Government Code.
(e) Nothing in this section alters Section 3333.2 of the Civil Code.
(f) Nothing in this section affects claims brought pursuant to Chapter 11 (commencing with Section 15600) of Part 3 of Division 9 of the Welfare and Institutions Code.
CCP § 377.34: Limitations on Damages (Wrongful Death Context):
This section clarifies the types of damages recoverable, including the distinction between wrongful death and survival actions, and how they apply to wrongful death claims.
The definition of wrongful death is not just a legal concept; it’s a call for accountability
To understand the legal nuances of wrongful death, it’s essential to consult authoritative resources. The California Attorney General’s Office provides information on civil litigation and wrongful death claims. This resource, combined with the expertise of a dedicated wrongful death attorney like Belal Hamideh, can empower you to navigate the complexities of your case.
Remember, pursuing a wrongful death claim is not just about seeking compensation; it’s about upholding justice and preventing future tragedies. Research from the National Center for Victims of Crime highlights the importance of providing legal recourse for those affected by wrongful death.
If you’re seeking clarity and justice after the loss of a loved one, don’t hesitate to reach out. Belal Hamideh offers compassionate and aggressive representation, ensuring your rights are protected and those responsible are held accountable. Schedule a free case evaluation today and take the first step toward finding justice and closure.